Terms and Conditions

We hope you’ll find our website useful and informative. Please visit often and tell your friends about us. All we ask in return is that you abide by the Terms and Conditions that follow. Please read them carefully, because when you use our site, you automatically agree to them.

BIC Inc. (“BIC”) maintains its websites as a service to the Internet community. These terms of use explain how you may use this website (the “Site”). References in these terms to the Site includes the following website: BICFightForYourWrite.ca and all associated web pages. Access to and use of BICFightForYourWrite.ca is subject to the terms and conditions set forth herein and all applicable laws. BIC may revise these terms and conditions from time to time by updating this posting. You should read these terms and conditions carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately.

These terms include our Privacy Policy, available at BICFightForYourWrite.ca, which shall be subject to these terms in the event of any conflict or inconsistency.  This Site is intended for and directed to residents of Canada over the age of majority in their jurisdiction of residence.  We seek to make this Site as accessible as possible.

The Site is for your personal and non-commercial use only. As a condition of your use of the Site, you agree:

  1. not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
  2. not to make available to any third party or otherwise publish, distribute, download, modify, edit, reuse, repost, reproduce, transmit, perform, display, deep-link, create derivative works from or exploit in any way the Site or its text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site (“Content”) except as permitted by us under these terms or as expressly provided under applicable law;
  3. not to post or transmit any offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, discriminatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law, all as determined by BIC in its sole and absolute discretion;
  4. not to use the Site to distribute viruses or malware or other similar harmful software code;
  5. not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
  6. that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law and to take such action as we deem appropriate in cases where BIC websites are used to disseminate materials in contravention of the these terms and conditions.

This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by BIC, our affiliates, subsidiaries and related companies and/or our licensors or joint venture partners. BIC and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. 

Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our prior written permission and nothing in these terms and conditions grants you any rights in the Site and/or the Content other than as necessary to enable you to access the Site. You agree not to, nor attempt to, to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.  The distribution, downloading, editing, modification, reuse, reproduction, reposting, transmission, performance, display or other uses of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander or libel, the law of privacy and publicity, and communications regulations and statutes. Further, please be advised that BIC actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

BIC will use reasonable efforts to include accurate and up-to-date information on the Site, but BIC makes no warranties or representations as to its accuracy (whether expressly or by implication) or that any Content is or remains available accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose.  Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site, or any portion of the Site, at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest.

All users agree that all access and use of the Site and the content thereof is at your own risk. Neither BIC nor any party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use the Site, or any errors or omissions in the content thereof.

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIC MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

COMMENTS OR OPINIONS EXPRESSED ON THE SITE ARE THOSE OF THE RESPECTIVE SITE USERS ONLY. THE VIEWS EXPRESSED ON THE SITE AND IN USER SUBMITTED CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF BIC. BIC IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY IN RELATION TO, ANY USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SITE.

BIC makes no warranties or representations about any non-BIC website which you may access.  BIC has no control over links made to BIC websites by third parties. When you access a non-BIC website, please understand that it is independent from BIC. BIC cannot monitor or review the content of all websites and assumes no responsibility or liability arising from the content of such off-site pages.

Furthermore, BIC does not endorse or accept any responsibility for the content or the use of a third-party website that has linked to the BIC website or that is linked from the BIC Website. We have no control over the privacy practices of such websites. You should review BIC’s Privacy Policy and the privacy policy of any other website you visit. It is up to each user to take whatever precautions are necessary to ensure Internet use which is free of offensive materials. Your linking to any off-site pages is at your own risk.

For users who are not individuals resident in the province of Quebec, these terms and conditions shall be construed in accordance with and governed by the laws in effect within the Province of Ontario. For individuals resident in the province of Quebec, these terms and conditions shall be construed in accordance with and governed by the laws in effect within the Province of Quebec. These terms and conditions are dated as of the date set out below. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

If any provision of these terms and conditions is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these terms and conditions shall continue in full force and effect. No failure to exercise or waiver of any provision of these terms and conditions shall be deemed a further or continuing waiver of such provision or any other provision of these terms and conditions. These terms and conditions are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

General Terms and Conditions of Submissions to BICFightForYourWrite.ca:

1. You are responsible for what you post. All video, photographs, comments and/or blog postings and submissions to BIC are the sole responsibility of their submitter and the submitter will take full responsibility, liability, and blame for any libel, litigation or claims that result from the submitter's video, photograph, comments and/or postings, submissions to BIC, and/or something spoken and/or written in or as a direct result of something spoken and/or written in a comment and/or posting of any kind.

2. BIC requests that you do not post anything that could be offensive to others. You may not post or submit to BIC content that you do not have rights to and/or that is libelous, defamatory, insulting, threatening, obscene, harassing, abusive, discriminatory, that violates a third party's right to privacy, that violates any other applicable local, provincial/territorial, federal or international law, or is otherwise inappropriate, all as determined by BIC in its sole and absolute discretion. You must have consent from any person who appears in or is identified in any content you submit and/or the consent of their parent or legal guardian if they are a minor. Furthermore, you may not post or submit to BIC content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. BIC reserves the right to remove, edit, or modify, any and all postings and reject submissions that are found to be offensive and/or that do not comply with the terms and conditions of this Site. BIC also reserves the right to terminate access to this Site, or any of its walls, blog(s), and/or websites or take other protective steps as it deems necessary in its sole and absolute discretion.

3. Posting of writings, photographs / videos. You may only post or submit to BIC for posting writings, photographs and/or videos of content that you have created and have full rights to. BIC reserves the right to remove, edit, or modify any all writings, photographs and/or videos and reject submissions that do not comply with these terms and conditions.

4. Ownership and confidentiality of information. You may only post or submit to BIC information in accordance with, and not in violation of, applicable trademark, trade name, trade dress, trade secret, service mark, copyright, patent, right of privacy, and other intellectual property laws. You further certify that the information you post or submit to BIC will not infringe upon or violate the intellectual property rights of any other party. Anything you post to the BICFightForYourWrite.ca website or submit to BIC is provided by you on a NON-CONFIDENTIAL BASIS, and BIC has no obligation to keep such information confidential, refrain from using such information, or to compensate you for the receipt or use of such information. BIC is free to use, for any purpose whatsoever, any information you post on a BICFightForYourWrite.ca website or submit to BIC. You hereby RELEASE BIC from any liability under any legal theory in connection with the use, modification, sale or disclosure of any information. Please remember that any information that you choose to disclose or post on a public area of the BICFightForYourWrite.ca website may appear publically on the Site, and may be viewed by other visitors to the Site. You should exercise caution when deciding to disclose your personal information. Once posted, you cannot change or remove any public postings

5. We may ask for your name and e-mail address when you post a submission of any kind. On a BICFightForYourWrite.ca website, users are identified by name and, as such, we suggest designating only your first name. Your e-mail address will not be published but will be used to possibly contact you in relation to your submissions, postings and/or comment(s). Please view our privacy policy on BICFightForYourWrite.ca for more detail.

6. No posting of harmful content. You agree that you will not upload, post, e-mail or otherwise transmit information that contains harmful content, including, without limitation, viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, interrupt, damage, destroy, intercept, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise perform a malicious action.

7. You License to BIC. By using the Site and providing BIC with any content or information, you: (i) grant to BIC a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all content or information (in any format or media) that you post on, upload or otherwise submit to or through, the Site; and (ii) waive all moral rights in and to all content or information that you post on, upload or otherwise submit to or through, the Site in favour of BIC.  For greater certainty, this means that, among other things, BIC has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

8. Notice and Procedure for making Infringement Claims. You agree that you will not upload, post or otherwise transmit any communications or content of any type that infringe or violate any rights of any party. If you believe any material available via this Site infringes a copyright or other right, you should notify BIC using the Contact Us tab or link on our Site and provide a detailed description of the material claimed to be infringing. 

July 2015